Mr. Speaker, I will take this opportunity to address my comments, first, to the parliamentary secretary who stated in his carefully crafted address that he felt intellectual honesty was not demonstrated by this bill. I want to remind him that about half of his colleagues would vote for this bill.
It is interesting to note, if we look at the individual presenting a bill, we can say that we disagree with that person's position, arguments or logic. However, to say that this is not intellectually honest, I feel is an insult to many Canadians. I say that with respect.
Also, the current health minister, who was justice minister in 1999 when the original motion was put forward, said, and this was referred to by another member in his comments, that there was no attempt and that there would be no attempt by the government to redefine marriage. There now is an attempt, and if I were a cynic, I would say there is where the lack of intellectual honesty lies.
I will not say that because I believe the individuals who say this is an issue of human rights really truly believe that and pursue that with intellectual arguments. I listen to them and if I disagree with them, I will respect them. However, for the parliamentary secretary to have said as plainly as he did that this was not intellectually honest is, as I said, an insult to at least 50% of Canadians.
Second, he said this bill was premature. He said that we should wait for the judgment of the Supreme Court in the reference being put to it. In my view that has some intellectual component to it. That is a logical argument. However, I really truly question the validity of the way the question was posed because the Supreme Court cannot say that same gender marriage is not constitutional. Of course it is constitutional.
I tried to make this point specifically in my comments. The question is, is a restriction in marriage, the exclusivity of marriage, the heterosexual component of marriage constitutional? If the Supreme Court said no to that question, the argument has been addressed in Canada and Parliament would then formulate a law and it would be voted upon. However, I believe there is a circuitous mechanism used there.
To my colleague from the NDP who said that the 1982 Charter of Rights was the reason that we were bound in this decision, I would remind him that the Charter of Rights specifically excluded this topic of sexual orientation. I have quotes from our current Prime Minister that explain why that exclusion was put in place. The Charter of Rights had no jurisdiction here. It was read in by the courts. I believe, mistakenly, there was no furor and disagreement on that issue by Parliament.
In conclusion, I also note that had the cabinet voted its conscience on this issue, it would have succeeded. It voted as a block against the motion put forward in 1999, and again put to the House. To that end, by cabinet solidarity, by forcing this issue and preventing cabinet from voting its conscience, this issue failed.
Finally, this issue should have been appealed to the Supreme Court of Canada. Two of my colleagues said that the Supreme Court has ruled on this. That is not the case. It was the superior courts of the provinces.
Thank you for this opportunity, Mr. Speaker, to speak on what I consider to be a fundamental issue for the country.